The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-03-01

United States vs. Case, 9th Blatchford, $50,
Woodruff, circuit judge, said: The commission
er holds no court He acts an arrest
ing, examining and committing magis-
trate.' He is designated a. an 'examin-
ing and committing magistrate by Mr..
Justice Field. in United States VS.. Schuman,
and IN other cases cited by the government.
1t was held by Justice Story Il Gall, 1861 that
district judge sitting as an examining and
committing magistrate under Section 80 of the
judiciary act Of 1889, which has been carried
forward into the Revised Statutes as Section
1OI4, was not court; and that an indictment for
perjury founded upon statute requiring the of
Tense to have been committed in q court of the
United States was bad because it charged the
act OF perjury to have been committed in an ex-
animation before district judge under that sec
t!on In delivering his opinion Mr.. Justice Story
characterized the argument, that judge under
these circumstances was court, utterly in
supportable.'
1T is not necessary to decide whether justice
OF the Supreme Court of the United States
circuit or district judge sitting as an examining
magistrate may punish a coutumacious witness
or other person guilty of misconduct before him.
1t is sufficient in this case hold that commits
sloners exercise such powers only as are express
ly conferred on them by Congress- and that
neither Section lO14 nor any other federal stat
ute authorizes them to punish for contempt
III. under Sec 1914, commissioners have
power to punish for contempt as incident to
their power to act as examining magistrates. it
exercise this power without restriction, although
Congress has deemed it necessary, in Section
10. to restrict the Supreme Court Of the
United States and the circuit and district courts,
In the exercise of the same power.
ut has been the practice throughout the
country Tor commissioners TO refer to the cir
cult courts, whose officers they are, for punish
ment. parties, witnesses and others guilty of
contumacious conduct before them, and the
action Of Commissioner Van Buren, is GER
talniy unsupported by any precedent In this cir
cult.
1.-THE judgment of the District Court denying
the application Of the petitioner to be dis
charged. and remanding him to the county Jail,
must be reversed and the petitioner discharged
from custody"
To Be Prosecuted in the County Courts.
There was full meeting of the executive COM
mittee OF the Citizens Committee of One Hun
dred yesterday afternoon to determine what
should be done The attorneys were present,
and, by unanimous vote, were instructed to
institute proceedings in the Criminal Court of
this county at once. They know from the evil
dence already brought out who is implicated in
the forgeries. and the committee instructed
them to use their own judgment in bringing the
proceedings. 1t was decided to drop the case In
the United States Court whore it now is.
Should the case be carried to the
Supreme Court of the United States and
Judge Greshams decision overruled, Mr..
| Perkins could not be remanded to Jail
| again, for where criminal has ever been re-
| leased he cannot be sent back for the same of
| Tense. 1t was agreed to spare efforts in 60
| ing to the bottom of tne rascality. Major
| Mitchell, the prosecutor, has assured the com
mittee that he will lend his best efforts toward
convicting the rascals, and. with the aid of the
| committees attorneys. vigorous prosecution
will be made. Mr.. Brown, the secretary Of the
| committee. instructed to issue a call today
for full meeting of the whole committee fol
| some time this week, for the purpose OF
| transacting some important business con
nected with the prosecutions. The evi
dence brought in the examination before
| Mr.. Van Buren, has given the committee some
idea of who should be prosecuted, and it is their
intention to let no guilty man escape In order
| that there shall be no more delay. the informa
ton will be filed against the conspirators just al
soon as the papers can be prepared, and hear
| ing will no doubt be granted at once
L